(4)
“Employer” means any personor business entity, other than a
lobbying firm, who engages the services of a lobbyistthe
services of a lobbyist or lobbying firmfor compensation for
the purpose of lobbying. A lobbyist who employs another lobbyist shall
be required to register and report both as an employer and a lobbyist.

* * *

(6)(A)
“Gift” means political contributions, contributions or tickets to political
fundraising events and anything of value, tangible or intangible, that is
bestowed for less than adequate consideration including travel expenses such as
travel fare, room and board and other expenses associated with such travel and
including meals and alcoholic beverages whether given as part of a general or
open invitation or not. “Gift” does not include anything given between immediate
family members:

(i) a political contribution;

(ii) anything of value, tangible or intangible, that
is bestowed for less than adequate consideration, including travel expenses
such as travel fare, room and board, and other expenses associated with travel
which are directly associated with legislative or administrative duties;

(iii) a meal or alcoholic beverage;

(iv) a ticket, fee, or expenses for, or to, any
sporting, recreational, or entertainment events;

(vi) a loan, other than commercially available loans
made on terms not more favorable than those made generally available to the
public in the normal course of business.

(B) “Gift” does not mean:

(i) anything given between immediate family members;

(ii) informational material such as books, reports,
pamphlets, or periodicals. Payment for travel or reimbursement for any
expenses shall not be deemed “informational material”;

(iii) a gift which is not used and which, within 30
days after

receipt, is returned to the donor; and

(iv) a devise or inheritance.

* * *

(10)
“Lobbyist” means a person who engages in lobbying for compensation of more
than $500.00 or expends more than $500.00 lobbying in any calendar yearan individual
who receives or becomes entitled to receive $500.00 or more in monetary or
in-kind compensation for engaging in lobbying, either personally or through his
or her agents, in any calendar year, including a person employed to lobby on an
employer’s behalf.

* * *

(12) “Lobbying firm” means a business entity which
receives or becomes entitled to receive $500.00 or more in monetary or in-kind
compensation for engaging in lobbying, either personally or through its agents,
in any calendar year.

Sec.
2. 2 V.S.A. § 262(2) is amended to read:

(2) a
duly-elected or appointed official or employee of the United States, the state
of Vermont, or of any instrumentality, agency or governmental subdivision of
the foregoing, when acting solely in connection with matters relating to the
person’s office or public duties, but not a person who
contracts with the entities described in this subdivision to perform lobbying
as defined under subdivision 261(9) of this title;

Sec.
3. 2 V.S.A. § 263 is amended to read:

§ 263. REGISTRATION OF
LOBBYISTS, LOBBYING FIRMS, AND

EMPLOYERS; FEES

(a) On
forms provided by the secretary of state, every lobbyist and lobbying firm
shall register with the secretary of state before, or within 48 hours of,
commencing lobbying activities. A lobbyistlobbying firm, or a
lobbyist who is not part of a lobbying firm, shall file a separate
registration statement for each of the lobbyist’sits or his or her
employers. A lobbying firm shall list the name of each
lobbyist who is a partner, owner, officer, or employee of, or who has a
contractual relationship with, the lobbying firm. If a lobbying firm engages
an additional lobbyist, the lobbying firm shall file a supplemental
registration statement.

(b) On
forms provided by the secretary of state, every employer shall register with
the secretary of state before, or within 48 hours of, engaging a lobbyist or
lobbying firm. If an employer engages an additional lobbyist or
lobbying firm, the employer shall file a supplemental registration
statement.

(c) A
registration statement filed by a lobbying firm shall be signed by each
lobbyist engaged by the lobbying firm, and a registration statement filed by
a lobbyist who is not part of a lobbying firm shall be signed by the
lobbyist and.The statement shall contain the
following information:

(1)
The name, business mailing address, and business telephone number
of the lobbyist or lobbying firm.

(2)
The name of the employer and date of employment for the biennium.

(3) A
description of the matters for which lobbying has been engaged by the employer.

(4) If
a lobbyist or lobbying firm is compensated, in whole or in part, by an
employer for the purpose of lobbying on behalf of another person, or group or
coalition, the lobbyist or lobbying firm shall provide the name
of the employer, the name of the person, group or coalition on whose behalf he
or she lobbies and a description of the matters for which lobbying has been
engaged by the employer.

(5) A
current passport-type photograph of the lobbyist or each lobbyist lobbying
on behalf of a lobbying firm.

(6)
All subject areas for which lobbying is performed.

(d) A
registration statement filed by an employer shall be signed by the employer and
shall contain the following information:

(1)
The name of the employer.

(2)
The trade name, if any, of the employer.

(3)
The mailing address and the telephone number of the employer.

(4)
The contact person for the employer.

(5)
The name and business mailing address of each lobbyist employedor
lobbying firm engaged by the employer and date of employment or contract
for the biennium.

(e) A
registration shall be valid from the date of filing to December 31 of the
second year of a biennium, except that a registration may be made in December
of an even-numbered year for the ensuing biennium.

(f)
Every employer and every lobbyist or lobbying firm on behalf of each
lobbyist engaged by the lobbying firm shall pay an initial registration fee
of $25.00.

(g) An
employer shall pay a fee of $5.00 for each lobbyist or for each lobbyist
within the lobbying firm engaged by the employer. A lobbyist or a
lobbying firm on behalf of each lobbyist engaged by the lobbying firm shall
pay a fee of $5.00 for each employer represented.

* * *

Sec.
4. 2 V.S.A. § 264 is amended to read:

§ 264. REPORTS OF EXPENDITURES

* * *

(b) An
employer shall disclose for the period of the report the following information:

(1) aA total of all lobbying expenditures, to the nearest $200.00,
made by the employer;in each of the following categories:

(A)
any advertising, including
television, radio, print, and electronic media;

(B)
any expenses incurred for telemarketing, polling, or similar activities if the
activities are intended, designed, or calculated, directly or indirectly, to
influence legislative or administrative action. The report shall specify the
amount, the person to whom the amount was paid, and a brief description of the
activity;

(C)
contractual agreements in excess of $100.00 per year or direct business
relationships between a legislator, legislator’s spouse, or legislator’s
dependent household members and an employer, that are in existence or were
entered into within the previous 12 months;

(D)
the total amount of any other expenditures.

(2) theThe total amount of compensation, to the nearest $200.00, paid to
lobbyists or lobbying firms for lobbying, provided the report need
not identify the lobbyists to whom compensation was paid and it. The
employer shall report the name and business address of each lobbyist or lobbying
firm to which the employer pays compensation. It shall be sufficient to
include a prorated amount based on the value of the time devoted to lobbying
where compensation is to be included for a personlobbyist or
lobbying firm whose activities under this chapter are incidental to regular
employment; andother responsibilities to the employer.

(3)
anAn itemized list of every gift, whether or not made in
connection with lobbying, the value of which is greater than $5.00, made by or
on behalf of the employer to or at the request of one or more legislators or
administrative officials, and with respect to each such gift, the date made,
the nature of the gift, the value of the gift, the identity of any legislators
or administrative officials who requested the gift, and the identity of any
recipients of the giftthe value
of which is greater than $15.00, made by or on behalf of the employer to, or at
the request of, one or more legislators or administrative officials or a member
of a legislator’s or administrative official’s immediate family. With respect
to each gift, the employer shall report the date the gift was made, the nature
of the gift, the value of the gift, the identity of any legislators or
administrative officials who requested the gift, and the identity of any
recipients of the gift. Monetary gifts, other than political contributions,
shall be prohibited

(c) A
lobbyist or a lobbying firm shall disclose for the period of the report
the following information:

(1) aA total of all lobbying expenditures, to the nearest $200.00,
made by the lobbyist; andor lobbying firm in each of the following
categories:

(A) any advertising, including television, radio,
print, and electronic media;

(B) any expenses incurred for telemarketing, polling,
or similar activities if the activities are intended, designed, or calculated,
directly or indirectly, to influence legislative or administrative action. The
report shall specify the amount, the person to whom the amount was paid, and a
brief description of the activity;

(C) contractual agreements in excess of $100.00 per
year or direct business relationships between a legislator, legislator’s
spouse, or legislator’s dependent household members and a lobbyist or lobbying
firm, that are in existence or were entered into within the previous 12 months;

(D) the total of any other expenditures.

(2) an itemized list of every gift, whether or not
made in connection with lobbying, the value of which is greater than $5.00,
made by or on behalf of a lobbyist to or at the request of one or more
legislators or administrative officials, and with respect to each gift, the
date made, the nature of the gift, the value of the gift, the identity of any
legislators or administrative officials who requested the gift and the identity
of any recipients of the gift, except gifts reported by an employerThe total amount of compensation paid to a lobbyist or
lobbying firm for lobbying, including the name and address of each registered
employer who engaged the services of the lobbyist or lobbying firm reporting.
It shall be sufficient to include a prorated amount based on the value of the
time devoted to lobbying where compensation is to be included for a lobbyist or
lobbying firm whose activities under this chapter are incidental to other responsibilities
to the employer.

(3) An itemized list of every gift, the value of
which is greater than $15.00, made by or on behalf of a lobbyist or lobbying
firm to, or at the request of, one or more legislators or administrative
officials or a member of the legislator’s or administrative official’s
immediate family. With respect to each gift, the lobbyist or lobbying firm
shall report the date the gift was made, the nature of the gift, the value of
the gift, the identity of any legislators or administrative officials who
requested the gift, and the identity of any recipients of the gift. Monetary
gifts, other than political contributions, shall be prohibited

(d)
Reports for the period July 1 through December 31 shall include, in addition to
the totals for the period of the report, totals for the calendar year.

(e) At
the same time a report itemizing gifts is filed, the employer or,
lobbyist, or lobbying firm shall mail or deliver a copy of the report to
the legislators and administrative officials identified in the report.

(f) If an
unsolicited gift is given to a legislator or administrative official by a
lobbyist, lobbying firm, or employer and the recipient does not use it, and
returns it to the donor within 30 days, it shall not be considered a “gift” and
shall not be reported as such by the donor to the secretary of state. If the
item has already been reported as a gift, the lobbyist, lobbying firm, or
employer shall file an amended report with the secretary of state.

(g)
Within 15 days after the date disclosure reports are to be filed under this
section, the secretary shall file a compilation of the disclosure reports with
the legislative council. Compilations of disclosure reports received during
the legislative session shall be published in the calendars of the house and
senate.

(g)(h)
Disclosure reports shall be made on forms published by the secretary of state
and shall be signed by the employer or, lobbyist, and each
lobbyist engaged by the lobbying firm. The secretary of state shall mail
those forms to registered employers and, lobbyists, and
lobbying firms not later than 30 days before the end of each reporting
period.

(h)(i)A
personAn employer, lobbyist, or lobbying firm who fails to file a
disclosure report on time shall pay a late reporting fee of $25.00 plus $10.00
for each day the disclosure report is late, not to exceed $175.00.

(i)(j) A
gift from a member of an interest group to, or for the benefit of, a legislator
or administrative official, which is made in connection with lobbying as
defined in 2 V.S.A. §subdivision 261(9)(D) of this title,
shall be deemed to be made on behalf of the employer or lobbyist who sponsored
the activity and shall be reported and itemized.

Sec. 5. 2 V.S.A. § 267a is amended to read:

§
267a. INVESTIGATIONS

The
attorney general mayshall investigate, as the attorney
general finds necessary, to determine whether a person has violated this
chapteron his or her own initiative or in response to a complaint filed
in writing with the attorney general, whether a violation of this chapter has
occurred. The attorney general may administer oaths, require filing of a
statement under oath, take evidence and require the production, by subpoena or
otherwise, of financial records, books, papers, correspondence, and other
documents and records the attorney general considers to be relevant and
material to the investigation. The attorney general shall make a
determination of each complaint filed and, at the time of resolution of a
complaint, shall post on his or her website a brief summary of the complaint
and resolution.

Sec.
6. 2 V.S.A. § 268(b)(3) is amended to read:

(3)
order reimbursement from any person who caused governmental expenditures for
the enforcement of the provisionsany lobbyist, lobbying firm, or employer
found to be in violation of this chapter;